Residence in Spain for non-EU family members of EU citizens

This guide covers the situation of a non-EU national who is accompanying or joining a citizen of an EU or EEA member state, or Switzerland, who is exercising free-movement rights in Spain, for a stay of more than three months.

The document applied for is the residence card for a family member of a Union citizen. It is a distinct procedure from the general non-EU residence authorizations and from the family-reunification route used by non-EU residents.

For stays of up to three months, the family member generally travels under the ordinary short-stay rules applicable to their nationality, which may include a visa requirement. A short stay does not create this residence status.

The recognised bases are broadly:

• Employed worker in Spain — evidenced through the employment relationship and Social Security position.
• Self-employed in Spain — evidenced through registration for the activity and Social Security position.
• Student — enrolment at a recognised institution, health coverage and a declaration of sufficient resources.
• Not working — sufficient resources for the family unit plus health insurance providing coverage in Spain equivalent to the public system.

In practice the EU citizen is usually expected to have completed, or to be completing, their own EU registration. Sufficiency of resources is assessed against the applicant's personal and family circumstances rather than by a single fixed figure, and the current official criteria should be checked before the appointment.

The route is designed for a defined circle of relatives, principally:

• The spouse, provided the marriage subsists and is recognised.
• The registered partner, where the partnership is registered in a public register with the required characteristics.
• Descendants of the EU citizen or of the spouse or registered partner, under the applicable age limit or dependent above it.
• Ascendants of the EU citizen or of the spouse or registered partner who are dependent on them.

Certain other relatives may be considered in specific circumstances, for example where dependency, cohabitation or serious health grounds are documented and the applicable conditions are met. This is an assessed situation, not an automatic entitlement.

In broad terms:

• Where the Spanish citizen has exercised free movement — for example by having resided in another member state and returning to Spain with the family member — the EU-family route and its residence card may apply, with the corresponding form.
• Where the Spanish citizen has not exercised free movement, a separate authorization for family members of Spanish nationals may apply instead, generally requested with form EX-24 and with its own conditions, evidence and processing.

The two paths use different forms, different evidence and different offices. Filing under the wrong one is a common cause of rejected or restarted files, so the sponsor's own history should be established before anything else is prepared.

The application is normally made within three months of entry into Spain, in person, at the Foreigners Office of the province of residence or the corresponding Police station, by appointment.

The application form for the EU-family residence card is the EX-19. The documents usually requested include:

• Completed and signed EX-19 form.
• Full valid passport of the applicant. Where it has expired, evidence that renewal has been requested is usually accepted alongside a copy.
• Evidence of the family relationship: marriage certificate, registered-partnership certificate, birth certificates or, where relevant, dependency evidence — apostilled or legalised and officially translated where required.
• Evidence of the EU citizen's status: their registration certificate, plus documentation of their basis (employment, self-employment, studies, or resources and health insurance).
• Evidence of the applicant's address in Spain, typically the municipal registration (empadronamiento).
• Recent passport-size photographs and proof of payment of the applicable 790 code 012 fee.

Provincial offices differ in how they order and check these documents. Confirm the current list for your province before the appointment.

After the appointment the file is examined by the competent office. Applicants are usually given a receipt confirming submission, and the office may request additional documents before deciding.

If the application is granted, the physical residence card is issued and collected as instructed by the office. If it is refused, the resolution states the reasons and the available means of challenge, along with their deadlines.

Processing times are set by the administration and vary considerably by province and workload; no timescale can be promised in advance.

Work. Under this framework, the holder of a residence card as a family member of a Union citizen may generally work in Spain, employed or self-employed, to the extent provided by the status granted. The rights that apply are those attached to the card issued in your case — check the resolution rather than relying on general statements.

Validity. The card is issued for a defined period linked to the EU citizen's residence, commonly up to five years, and it remains conditional on the underlying family and residence situation continuing.

Permanent residence. After a qualifying period of continuous legal residence in Spain — as a general rule five years, subject to the rules on absences and on continuity — a family member may apply for the permanent residence card under this framework. It is a separate application with its own evidence, not an automatic upgrade.

Changes in the underlying situation, such as separation, divorce or the EU citizen leaving Spain, have specific rules and should be reviewed before assuming the card is unaffected.

• Assuming the family relationship alone is sufficient, without evidencing the EU citizen's own residence basis.
• Filing under the EU-family route when the sponsor is a Spanish national who has not exercised free movement, where the EX-24 route may apply instead.
• Missing the three-month application window after entry.
• Presenting foreign civil-status documents without the required apostille or sworn translation.
• Claiming dependency for an ascendant or extended relative without documentary evidence of it.
• Using an insurance policy that does not meet the required coverage standard when the sponsor relies on the non-working basis.
• Treating the permanent residence card as automatic after five years rather than a fresh application.

• Ministry of Inclusion — residence card for a family member of a Union citizen
• Spanish Public Administration portal — registering non-EU family members
• Ministry of Inclusion — permanent residence card for a family member of a Union citizen

Requirements are set by the competent authority and applied by the relevant provincial office. Outcomes depend on the documented circumstances of both the applicant and the sponsor.